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(영문) 전주지방법원 군산지원 2013.10.02 2013고정524
사기
Text

The defendant shall be punished by a fine of KRW 1 million, and a fine of KRW 200,00,000,000.

Reasons

Punishment of the crime

On May 30, 2008, the Defendant was sentenced to five months of imprisonment by the Jeonju District Court due to damage to public goods, etc., and the judgment became final and conclusive on June 2, 2008, and on March 17, 2009, the Defendant was sentenced to four months of imprisonment due to a violation of the Road Traffic Act (driving) in the Jeonju District Court’s support.

1. The Defendant, at the end of November 2007, made a false statement to the victim C as follows: (a) he borrowed 5 million won in exchange for each other in the vice versa located in the Bupyeong-gun Eup, Seoan-gun; (b) he had paid 5 million won in return; and (c) he had paid hofe, which she operated in the inside and outside of the Republic of Korea, and (d) he would have paid hofe in return.

However, in fact, while the Defendant intended to operate a low temperature warehouse of the D Corporation, the Defendant suffered difficulties due to excessive debts, even if the HF house was sold, it was difficult to repay the money borrowed from the victim normally because all of the costs were to be invested in the operation of the low temperature warehouse.

The Defendant, as such, by deceiving the victim, received five million won in cash from the victim under the pretext of the loan.

2. On Nov. 1, 2008, the Defendant made a false statement to the victim that “The Defendant wishes to borrow a low temperature warehouse in B, which is located in B, with phone calls, and the Defendant must repair the factory machinery for a financial institution’s actual inspection. If the Defendant borrowed money to repair the factory machinery, the Defendant will complete payment up to five million won prior to the borrowing of the money to repair the factory machinery.”

However, the defendant did not actually operate a low temperature warehouse due to excessive debts at the time, and because the loans of financial institutions are not certain, it was difficult to repay money to the victim normally even if he borrowed money.

The Defendant, as such, by deceiving the victim, received KRW 10 million in cash from the victim for the purpose of borrowing money.

3. The Defendant is the victim at a sculatory place on December 2008.

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